How to serve a notice on a tenant in Florida: four methods, one signed e-mail addendum and a three-day count that skips weekends
Florida's rule for delivering the 3-day and 7-day notices, and the notices that end a month-to-month tenancy, is one sentence in s. 83.56(4): by mailing, delivering a true copy, e-mailing in accordance with s. 83.505, or, if the tenant is absent from the premises, by leaving a copy at the residence. E-mail counts only if both sides signed the s. 83.505 addendum.
The four ways to deliver
| Method | What the statute says | Watch for |
|---|---|---|
| Mailing | Allowed under 83.56(4) | The statute sets no extra mailing days, so count from delivery |
| Delivering a true copy | Allowed | Write down who got it, when and where |
| Only "in accordance with s. 83.505" | Needs the signed addendum and valid addresses | |
| Leaving a copy | Only "if the tenant is absent from the premises," at the residence | Do it when no one answers; note the time |
Subsection 4 also says the notice requirements "may not be waived in the rental agreement."
What makes e-mail valid?
Section 83.505(1) allows e-mail delivery of notices "if the parties have signed an addendum to the rental agreement that the parties specifically agree to the electronic delivery of notices and have each provided a valid e-mail address," and the addendum conspicuously says the election is voluntary and can be revoked or updated at any time, in substantially the statute's form. Either side can revoke or change the address by written notice (subsections 2 and 3).
A notice sent by e-mail "is deemed delivered at the time it is sent, unless the e-mail is returned to the sender as undeliverable" (subsection 4), and the sender must keep a copy of the notice and evidence of transmission (subsection 5).
How do you count the three-day notice?
Section 83.56(3): the default must continue "for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand." Legal holidays are court-observed holidays only. The notice states the amount owed and demands payment or possession within 3 days from the date of delivery, naming the date.
Example a made-up Orlando owner hand delivers a 3-day notice on Monday, May 3, 2027. Day 1 is Tuesday, May 4, day 2 is Wednesday, May 5 and day 3 is Thursday, May 6. The tenant has until the end of May 6. Delivered on Friday, May 7, the count skips the weekend: Monday, May 10 is day 1, Tuesday, May 11 is day 2 and Wednesday, May 12 is day 3.
What should you keep?
Keep a dated copy of the notice, proof of how it was sent or handed over, and a note of who received it. Those three items are what you show a court. If you used the absent-tenant method, note the attempts to deliver in person. For e-mail, the statute itself requires a copy and evidence of transmission, such as the sent-mail record with its timestamp.
The same delivery sentence governs the other notices in the section: the 7-day notice for a tenant's noncompliance and the notices that end a tenancy without a specific term under s. 83.57, which are delivered in the manner provided in s. 83.56(4). Because the sentence says the notice requirements cannot be waived in the lease, a lease clause that lets you skip the written notice, or lets you serve by a method outside the sentence, will not protect you. Pick the method on the day, write it on your copy, and match it to the proof you will keep.
One more point on timing: the statute counts the three days from delivery. If you mail the notice, the safest reading is to count from the day you can show the tenant received it, not from the day you dropped it in the mailbox. Hand delivery or an e-mail under the addendum gives you a cleaner date.
How DoorKeeping helps in Florida
DoorKeeping keeps each lease's notices, dates and ledger together, so you can ask Claude or ChatGPT what notice a tenant has been given and when the clock ends. Any notice waits for your one-tap approval before it goes out. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.
Sources
Questions
- Can a Florida landlord e-mail a 3-day notice?
- Only if both parties signed the s. 83.505 addendum agreeing to electronic delivery and provided valid e-mail addresses.
- Do weekends count in Florida's 3-day notice?
- No. Saturday, Sunday and court-observed legal holidays are excluded (s. 83.56(3)).
- What if no one is home in Florida?
- If the tenant is absent from the premises, the notice may be delivered by leaving a copy at the residence (s. 83.56(4)).